Every traffic accident is complex and can leave you feeling frustrated about its resolution. When a commercial truck was involved, this can be especially the case, as determining fault can be tricky due to the extra layers of possible responsibility. While a lawyer can help you evaluate the facts of your case, you may want to learn more about how personal injury is litigated following a truck accident.
How Does a Lawyer Help Determine Fault in a Truck Accident?
Was the Driver at Fault?
Truck drivers, whether they’re operating an 18-wheeler or a smaller delivery van, are driving as an employee of a business. This is why they must maintain a CDL, or commercial driver’s license, and they must take extra care in ensuring their vehicle is road-ready. For instance, they’re responsible for tires with good tread, brakes that operate properly, and replacing the windshield wipers so they’re always in good shape. If they don’t make these checks before each trip and faulty components cause an accident, a lawyer may be able to prove that they were negligent.
On the other hand, other factors may have contributed to causing the accident. Another driver on the road may have swerved in front of the truck, causing the truck driver to veer off unexpectedly or to brake suddenly. In these cases, the truck driver may be able to show that they were not at fault and did everything they reasonably could to avoid an accident.
When Is the Trucking Company at Fault?
Even if the driver did conduct a check of all of the truck’s systems before taking to the road, a mechanical failure may still cause an accident. Under the guidelines of many companies, the driver is not expected to perform automotive maintenance. Typically, the trucking company hires experienced mechanics to maintain each vehicle. If a brake failure or another mechanical defect does cause an accident, your personal injury attorney will investigate to determine if the company’s maintenance crew was negligent.
Alternatively, there may be a defect with the truck that was the result of the manufacturing process. In that case, the truck manufacturer will be named as a defendant in civil litigation. Again, this will be something your attorney will have to determine through an investigation into the accident.
The Law Offices of Adrian L Falgione LLC offers personal injury representation to clients in Lexington, SC. Attorney Falgionie handles auto accidents and has the special expertise to represent the victims in truck-related accidents. These specialized skills are what clients need in a lawyer when it comes to navigating the complexities of each unique situation. To learn more about the types of personal injury cases the firm handles, visit the website. To schedule a free initial consultation, call (803) 957-6543.